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Zimburean v. Ltc Enterprises, Inc.

United States District Court, Second Circuit

August 7, 2013

JULIANNA ZIMBUREAN, Plaintiff,
v.
LTC ENTERPRISES, INC., dba DM & ASSOCIATES, Defendant.

ORDER

RICHARD J. ARCARA, District Judge.

Upon the motion of the plaintiff, Julianna Zimburean pursuant to Fed.R.Civ.P. 55(b)(2), the Clerk shall enter a default judgment against the defendant, LTC Enterprises, Inc., dba DM & Associates, pursuant to Fed.R.Civ.P. 55(b)(2) with statutory damages in the amount of $500 plus costs and attorney fees of $3, 161, for a total award of $3, 661. Although plaintiff Zimburean sought the maximum statutory damages of $1, 000, the alleged conduct of defendant LTC Enterprises, Inc., was not egregious enough to justify a statutory-maximum award of $1, 000, and the $500 award is in line with statutory-damage awards in other cases where no actual damages were quantified. See e.g., Hirsch v. ANI Management Group, Inc., No. 12-CV-3454 (ARR)(RML), 2013 WL 3093977 *2-3 (E.D.N.Y. June 18, 2013). After entry of judgment, the Clerk shall terminate the action.

SO ORDERED.


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